Army Drug Testing

What Happens After a Positive Drug Test in the Army?

After a positive test result in the Army, a series of actions and consequences typically follow:

• Confirmation and Review: In order to verify the results, a confirmation test will be conducted if the previous test comes back positive.
• Notification: If the second test also comes back positive, the service member is formally notified of the positive test result.
• Counseling and Training: The individual may be referred to Substance Use Disorder Clinical Care (SUDCC) and a two-day Alcohol and Drug Abuse Prevention Training (ADAPT) class.
• Administrative/Disciplinary Action: This can include a reprimand, loss of rank, loss of pay, or mandatory participation in a rehabilitation program.
• Legal Proceedings: Depending on the severity and the specific circumstances, legal proceedings under the Uniform Code of Military Justice (UCMJ) may be initiated, which can lead to court-martial.
• Potential Discharge: In some cases, a positive drug test for illicit substances can result in an administrative discharge from the Army. The nature of the discharge (honorable, general, other than honorable, bad conduct, or dishonorable) depends on the specifics of the case.

What To Do Following a Failed Military Drug Test

Upon receiving a failed drug test in the Army, it’s important that you take appropriate measures to protect yourself and your career. First and foremost, it’s highly recommended that you seek experienced legal counsel. Consulting with a renowned military drug testing attorney like Aden Wilkie can offer vital insights into your rights and the subsequent steps to take. 

First you should seek and obtain counsel from an experienced attorney – only then should you begin to take steps to deal with the situation. Those steps could include things like, gathering any evidence or details that might challenge or clarify the test results is also critical, especially if you have prescription medications that could have led to a false positive result. Through your attorney you may decide that open communication with your superiors is important, and you should be ready to explain the situation that led to testing positive, especially in the case of extenuating circumstances. However, it is equally as important that you do not admit guilt prematurely. Avoid making any statements that could be taken as an admission of guilt until you have consulted with your attorney. 

Although facing a failed drug test can lead to significant repercussions, there are established protocols and legal rights designed to ensure you are treated fairly during this process. Your attorney will make sure you are well-informed of these rights and will work with you to understand the potential consequences and prepare for the next steps.

Why You Need an Experienced Criminal Defense Attorney Like Aden Wilkie

For military members who test positive for illegal drug use, the knowledge and resources of an experienced criminal defense attorney like Aden Wilkie can be invaluable. While free military defense counsel is available, they often manage a high caseload and may not have the specialized knowledge required to effectively advocate in cases of alleged drug use. And by regulation such military counsel cannot help you at the critical – preliminary stages of this process (e.g., before notification of an Administrative Board or Courts-Martial). A civilian defense attorney like Aden Wilkie, with specific experience in military law and drug-related offenses, brings a focused knowledge that can be crucial in these situations. He understands the nuances of the military’s testing procedure, including the collection process and the roles of test administrators. This can be vital in identifying and challenging any potential collection or testing errors that might have occurred, which is an area where general defense counsel may not be as thorough.

An attorney like Aden Wilkie can also offer personalized attention to your case, ensuring that every aspect is meticulously examined. This can include exploring the possibility that a service member unknowingly ingested a substance or scrutinizing the testing procedure for inconsistencies. 

In situations where your military career is at stake, having an attorney who is dedicated to your case and fully understands the military legal system can make a significant difference. The level of detailed attention and specific experience in military drug testing cases that private attorneys like Aden Wilkie offer can be pivotal in securing the best possible outcome, potentially preserving your career and reputation in the military.